>> thank you for sharing your thoughts. we always read them right here ton "the real story" towards the end of the show. thanks for being part of the show. shepard smith is now reporting. >> was the train engineer asleep at the switch or zoned out? what was really happening in the moments before a commuter train jumped the tracks and went deadly in new york? we're live at the scene as investigators work to get answers. crunching plastic guns in your home. printing them. guns you can carry through muttal detectors. that could become legal within days unless congress takes action. >> ready for old man winter? some spots are bracing for the coldest temperatures we have seen in years. ahead just how cold they could get, and who is going to get the worst of it. let's get to it.

>> good tuesday afternoon to you and yourself first from the deck, president obama has just wrapped up his latest push for his signature healthcare law. a reboot of sorts after weeks and weeks of really bad p.r. the president pumped up what he called obamacare successes. he spoke at the white house part of it live here on fox news channel, surrounded by people he says are benefiting from the new law. his aides say it's an effort to move past the problems with the enrollment web site which the feds say they have dramatically improved. the white house says around a million people visited healthcare.gov just yesterday, and if the vast majority did not have any problems. the president says that is proof the law is now working. >> after just the first month, despite all the problems in the roll-out, half a million people across the country are poised to gain healthcare coverage through market places and medicaid beginning on january 1st. some for the very first time. we know that. half a million people.

>> and as the president tries to move focus from the web site itself and back to the basic office the healthcare law, republican leaders are doing the same, and attacking the law itself. >> it's not just a broken web site. this bill is fundamentally flawed. 'causing people to lose the doctor of their choice, causing them to lose their health plan, and if that isn't enough, they're having to pay much higher prices. >> they speak of word of potentially more problems. the "washington post" newspapers quotes government sources who say enrollment records sent to insurance companies are filled with computer errors. that could mean as many as a third of customers will not get coverage they're expecting. let's get to ed henry at the white house for us this afternoon. did the president say anything new substantively here today? >> reporter: not really. that's one of the complaints republicans have. they've heard these reboot efforts, p.r. blitzes, and heard them for three years, frankly.

what the president was trying to do is basically say, look, we screwed up the rollout but at it time to turn the page on that, and he was basically saying, there are real win -- benefits to the law he wants the american people to see, and he basically said republicans do not have an alternative. take a listen. >> we took up a fight because we believed that in america, nobody should have to worry about going broke just because somebody in their family or they got sick. >> and he was also define -- defiant saying as long as i'm president this law will not be repealed, making it very clear he is still pushing back against the republican efforts to defund it, derail it, dismantle it. you pick. hehe not -- he is not going to back down but he has been taking a beating on it and is trying to push back. >> trying to change the narrative which the white house desperately needs to do is the

effect of that crowding out the rest of his agenda. >> certainly is. the aides are saying kathleen sebelius will be holing an event every day between now and the holidays in late december. that suggests that immigration reform, these big grand bargain budget deals, anything else he was hoping to do in the second term is going to be crowded out by the fact they're playing full-scale defense and now trying to play some offense, i suppose, on health care. they're pinned down on that and that why republican speaker john boehner made clear he is not giving in, either. take a listen city,. >> when you look at obamacare it's a government-centered healthcare delivery system elm that not what the american people want. the american people want to be able to pick their own type of health insurance, want to be able to pick their own doctor, want to be able to pick their own hospital. that is what a patient-centered healthcare system looks like. >> as you noticed the president trying to change the narrative, and also trying to insist there are real benefits here for the

men people if they can get past the trouble in the web site. there are republicans like boehner who notes if the web site is fixed the american people might actually see that premiums are going up for some, sill cancellation notices the insurance companies are dealing with so it's a very mixed picture. >> thank you. so, defining the narrative. that is the task here. alise is covering the healthcare overhaul and is live in d.c. the republicans have owned the narrative. there is no way to describe this any other way. the president is trying to get back control of that. and their argument is once you learn about this and see what it's going to do for you and your family, it's going to work. it's a tall order, though, getting over the chatter. >> it is a tall order, and we know that there are consistent problems with the web site and how it's transferring information to insurance companies. the webs "washington post" did an expensive report and that's

going to make it difficult fork people who hoped that once they enrolled they're going to be able to use this coverage starting january 1st. the white house insists that people are going to have no problems using their plans, but that's going to require them to make a series of fixes to the web site that have not been made yet according to insurance companies. >> is it your reporting that on the back end of this, meaning once potential customers send their information in, they're having a hard time getting the right information to the healthcare provider to the insurance companies themselves? is that the problem? >> that is a persistent problem. the main trade association for health insurance companies confirmed to us as early as this morning the problems were ongoing, which is different than what the administration has been saying. they told us yesterday that the single glitch that is responsible for 80% of those error-filled transmissions has been fixed. but insurance industry says is hat nose. so this as he said/she said but

the deadline isogon 1 -- is january 1st. >> the insurance companies want the government not involved with this, seem no not want more regulation which makes sense, so, as consumers and those of us watch this go forward, how much should we be factoring in the politics of this and the reason that each side is saying what it's saying? >> the politics are enormous. it's hard to emergency a more divisive political issue thans this one. certainly nor last here -- three or four years, and insurance companies are going to benefit. they're not happy about the rollout but the individual mandate to buy insurance means they're going to get millions of new customers starting this year. and that's a good deal for them despite new taxes and regulations. so a lot of division in washington, a lot of back and forth. that's just part of life here. but certainly the insurance industry will benefit. >> doesn't fact the vast majority of white house get our health insurance appance from

our employers, but other people are not affect -- for everybody else, go out and check it out yourself. don't listen to the narrative on either side. find out how it affects you and your family. thank you very much. >> thank you. >> the los angeles county coroner's office reports it will soon release the results of an autopsy on actor paul walker. in fact we could get it as early as today. paul walker died saturday when a porsche in which he was riding crashed into a tree in los angeles and burst into name investigators have said all along that speed was indeed a factor. medical examiners say paul walker runs body, along with the driver's body, are unidentifiable. they're reportedly waiting for paul walker's dental records to normally identify his remains. >> the engineer in this week's deadly commuter train crash in new york city is now said to be the focus of the investigation and that's comes amid numerous reports the may have not been pull fully alert at the

controls, exactly what he said? we'll take you through the reports and the disastrous finnish the live report as the investigators continue their difficult job. that's coming right up from the fox news deck on this tuesday afternoon. keeping up with these two is more than a full time job and i don't have time for unreliable companies. angie's list definitely saves me time and money. for over 18 years we've helped people take care of the things that matter most. join today. before using her new bank of america credit card, which rewards her for responsibly managing her card balance. before receiving $25 toward her balance each quarter for making more than ht on time each month. tracey got the bankamericard

better balance rewards credit card, which fits nicely with everything else in life she has to balance. that's the benefit of responsibility. apply online or visit a bank of america near you. i get times are tight. but it's hard to get any work done like this. then came this baby small but with windows and office. iruns my work stuff. ...and i can usapps like flipboard for news, or xbox video to watch the shows i'm never home to s... and i can stilget work done at the same time. excuse me, do you mind if i... yep. ♪ honestly, i wannaee you be brave ♪

>> we're getting questions about what was happening in the locomotive when a commuter train derailed in new york and killed four people, injuring dozens more. and we're hearing reports that the train's engineer may have

eitherred to off or, as apparently he's put it, zoned out. more on that in just a minute. first, federal investigators say the metro north train was speeding at at 82-miles-an-hour when several cars jumped the track. three times the speed limit in the area. the wreck happened on a sharp bend. it's this curve right here along the hudson river. it's translated to spitting devil. the speed limit into that curve right there drops from 70-miles-an-hour up here, to 30-miles-an-hour in here. you see, that is where the wreck happened. the national transportation and safety board reports despite the information they analyzed from the dat recorders investigators cannot be sure whether human error or mechanical problem caused the crash, but various news agencies are citing anonymous sources who claim the engineer may have fallen asleep arnott been fully aalert at the

controls. the ntsb has not confirm that. rick, it's my understanding this conductor, who had a long and very good career with this company, had just had a change of schedule in recent days. >> reporter: and this was the toughest schedule for an engineer, to work the very early morning hours. the sun just barely coming up, making numerous stops on this difficult line, and we expect this will the first line of questioning of the ntsb in a press briefings in 80 minutes. did the engineer tell investigators hey may have dozed off minutes before this crash occurred. various news agencies are report subtle differences in this angles. reuters said that the engineer told investigators he, quote, lost focus, and realized too late to stop in time. one said he was, quote, semi con sunday. another said he zoned out before the crash, and local outlets

says rockefeller, quote, all but admitted he was falling asleep as the train approached the curve. the ntsb not publicly commenting on the reports, but yesterday afternoon the agency confirmed the train was going nearly triple the speed limit based on examination of the data recorders. >> the preliminary information from the event recorders shows the train was traveling at approximately 82 miles-per-hour as it went into a 30-miles-an-hour curve. >> the supreme speed on the track is 70-miles-an-hour so he was already speeding. >> clearly and there's an indication according to the reporting of the ntsb that he had definitely pulled the brakes but sounds like that happened too late. from all of this are we to surmise he is cooperating with investigators? >> well, we're told that he did speak with investigators here at the scene shortly after the accident on sunday. then he was taken to the hospital, and we're told he was

interviewed ben yesterday by a team of investigators and was said to be cooperating with them. we know that the ntsb took blood samples from the engineer to test him for drugs and alcohol. they also confiscated his cell phone to see if he had been talk organize texting and the bronx darn's office is conducting their own investigation to determine if criminal charges should be filed in this case because the ntsb isn't responsible for filing charges. the ntsb would only tell us the interview process is continuing and we expect to hear more from them less than 90 minutes from now. >> half past four here on the east coast. look forward to that. thank you, rick. so many people in this carry who use trains every day, this is an enormous story. >> we just got the latest report on the most corrupt nations in all the world. and what we've done is looked at who is the most corrupt and how much money do we give each of

the most corrupt? how many billions upon billions of dollars do we give the most corrupt nations in the world, and by the way, where does the united states stand on the most corrupt list? that might surprise you as well as we continue right after this.

>> the south korean spy agency reports north korea's dictator kim jong-un may have fired his own uncle. a relative who was a communist country's de facto second in command, according to two south korean lawmakers. they suspect he sacked his uncle after executing two of his aides last month. analysts say they believe the uncle played a key role in helping kim jong-un take control

of north korea. after his father, kim jong-il died in 2011. the unkell was powerful figure in regime. if kim jong-un fired his uncle that could be a signal of a significant power grab north korea. the country has refused to release two americans behind bars this dictator is acting completely differently than his predecessor, jonathan hunt has details. the indications are troubling. >> reporter: they are. what they show is that kim jong-un, kim the younger, is certainly more confident in his own power than he was when he first took over from his father, kim jong-il. to fire a very powerful uncle and execute two of his advisers makes a pretty strong statement. remember the uncle has been a important figure for a longtime you saw him walking behind kim

jong-un at the funeral of kim the elder. some experts, lug gordon chang, say this is more about north noh korea's generals reasserting their power. they didn't like uncle jung and are apparently taking revenge on him. >> they have blamedded him and gotten at him and apparently had would aides executed. so this is story of still turmoil in the regime. the thing about executions is important because once they start they're hard to stop because blood demand bloods. >> so, no gordon's view, those two executions that we have been told about are very unlikely to be the last in this ongoing power struggle. >> we mentioned there are two americans being held. there was a pattern in the past about if you're america how you get them released. the pattern doesn't seem to fit anyplace. >> it doesn't. those two americans are the christian missionary, kenneth bay, being held for more than a year, and merle newman.

he is the 85-year-old korean war vet who was seized in october at the end of a tour of the country. he was seen on state television this past weekend delivering what appeared to pretty much every expert to be a forced apology. now, clearly neither his case nor that of kenneth bay are likely to be helped best the ongoing political in-fighting in north korea. listen to gordon chang again. >> it's clear that the political sensitivities in pyongyang have been heightened. nobody is going to want to make that decision because that decision can be criticized and and when people are being executed, everybody plays it safe. >> so as long as this fighting go on, the agony is likely to go on for the families. >> and longer term, how do we deal with this dictator? we really don't know him yet. >> the problem is here, simply, the unpredictability. there's political infighting that makes everybody grab for power wherever they can, makes

its far more difficult for hour diplomats to know what to do next. >> jonathan, thank you. compounding all of this. north korea is the most corrupt nation in the world. tied with somalia and afghanistan as the most corrupt. that is according to a brand new survey from the watch dog group, transparency international. let's go over this. the manager editor of foreign affairs magazine is with us. good to see you. he's is going over to a list of the countries and we'll give him a lot to say here as well. we have some pictures i want to bring up on the monster board over here. these are the three countries that are the most corrupt in all the world, according to this list don't have any reason to doubt this. no political overtones. north korea, and how much maui geoff them. $1.2 billion since 1995. somalia $82.4 million per year, and afghanistan, $13 billion to bring -- $13 billion per year.

what are we getting for our money? >> a good question. what you're pointing to here is one of the classic dilemmas in foreign policy. we don't get to choose our partners and we end up having to do business with lots of odeus regimes we may not like because they have things that we need. and so that involves tradeoffs between -- and those tradeoffs involve clashes between our interests, what we need, what we need to keep the world safe, and our values, things like human rights, democracy, caring about corruption, et cetera. and those tradeoffs are hard to make. sometimes we have to choose one rather than the other. >> specifically on afghanistan, it looks like what we're paying for is control and some influence in a part of the world where we need more of it. $13 billion a year is a lot of coin. >> it ills but this is -- part of the story with afghanistan, you break it, you own it. we invaded and tried too build

up. we're spending a lot of money now trying to build up an afghan was so when we leave we don't there before we came in. and so it opportunity become a base for al qaeda or other international terrorist. >> i know that's what we're trying to do. whether we are we're gifting there is another matter. sudan, we give them $31 million a year, south sudan, $470 million a year. libya, 25 million daz year to libya. what are we getting out of that? >> it's a, you've break it, you own it problem. we helped topple cad -- moammar gadhafi and we're rebuilding the libyan army. >> if you think iraq is bad now as one of the top ten most corrupt, to which we give $1.5 billion a year, stand by because anybody who thinks iraq is going to get better instead of worse, is out of their mind. >> that's true. >> this picture shows car bombings and -- i mean, worse

than when we got there. >> right. and iraq is very close to a failed state, which is one of the key factors that contributes to corruption. if you were to identify what those are, that almost all of this countries share, it's war, bad government, and it is oil wells and poverty, and all of those things put together are a recipe sponsor massive corruption. >> more money here. us a beck stan. turk minimum stan, and then interestingly, syria, which is no longer eligible, we don't have control there. >> we never had control. but syria is a great example of what war does to a country. they have jumped something like 50 places in the corruption ranking in the last three years because there is no functioning government. >> least corrupt nations, denmark and new zealand, and the scan days, finland, sweden, norway, no surprise. canada ranks ninth least corrupt. the uk is 14th, and 19th,

tie between-under guy and -- uruguay and the united states. >> i'm both canadian and a u.s. citizen so i'm crowing and feeling depresses. 19th is not so bad but as you know as a new york or new jersey resident, hardly a problem we have gotten rid of. >> russia is 127, right in the middle. good to see you. >> as always. >> that's where your money is going, some of the most corrupt places on the planet earth. >> speaking of, the house of representatives just voted on whether folks should be able to use 3-d printers to make guns that can easily get past metal detectors. have your heard about this? how this process works? a ban on these printes weapons is about to expire. congress had to act. we'll get an update on what congress has done from d.c. in a moment. plus, detroit, has now cleared major hurdle as it works to pull itself out of bankruptcy. there was major decision today about which you may have heard just a bit.

and we'll get to that as we approach the bottom of the hour and the top of the news from the fox news deck.

vo: it's that time of year again. medicare open enrollment. time to compare plans and costs. you don't have to make changes. buit never hurts to see if u can find bettoverage, save money, or both. and check out the preventive benefits you get after the health care la open enrollment ends december 7th. so now's the time. visit medicare.gov or call 1-800-medicare

>> a fox report now and more of day's headline. a deadly shark attack in hawai'i. police there say man was fishing from a kayak yesterday, when the shark bit his foot as it dangled in the water near his fishing line. happened three miles off the coast of maui. state officials said they're investigating why shark attacks are on the rise this year, especially near maui. >> a suicide bomber in damascus. according to state tv. and the human rights group. they report the bomber killed at least four people and wounded more than a dozen more. and mt. it in erupted in sicily for the third time in a week now in this spectacular show. so far no reports of any damage or injuries but officials say they shut down a nearby airport for about an hour last night.

science 'tis say mt. aetna is europe's most active volcano. >> how old -- cold it's going to be near you is next. 's when i td with my doctor. he gave me some blood tests... showed it was low t. that's it. it was a number. [ male announcer ] today, men with low t have androgel 1.62% testosterone gel. the #1 prescribed topical testosterone replacement therapy increases testosterone when used daily. women and children should avoid contact with applicati sites. discontinue andgel and call your doctor if you see unexpected signs of early puberty in a child, or signs in a woman, which may include changes in body hair or a large increase in acne, possibly due to accidental exposure. men with bt cancer or who have or might have prostate cancer, and women who are or may become pregnant or are breast-feeding, should not use androgel. serious side effects include worsening of an enlarged prostate, possible increased risk of prostate cancer, lower sperm count, swelling of ankles, feet, or body, enlarged or painful breasts,

problems breathing during sleep, and blood clots in the legs. tell your doctor about your medical conditions and medications, especially insulin, corticosteroids, or medicines to decrease blood clotting. in a clinical study, over 80% of treated men had their t levels restored to normal. talk to your doctor about all your symptoms. get the blood tests. change your number. turn it up. androgel 1.62%. are you flo? yes. is this the thing you gave my husband? well, yeah, yes. the "name your price" tool. you tell us the price you want to pay, and we give you a range of options to choose from. careful, though -- that kind of power can go to your head. that explains a lot. yo, buddy! i got this.

gimme one, gimme one, gimme one! the power of the "name your price" tool only from progressive. >> crew thursday central florida on the hunt for a bear that mauled a woman last night. it happened in an orlando suburb, a bedroom community called longwood north and east of the city. officials there say the woman was out walking her dogs and she didn't even see this bear before it had her on the ground. they say she was bleeding from her head when she managed to get to a neighbor's house, and that's when the neighbor called police. listen. >> florida wildlife officials say the attack left the woman with serious injuries.

crews say they're setting up traps and using glazed doughnuts to loor the -- to lure the bear, and as of noon they had not found it. >> the largest u.s. city to final for bankruptcy can now dig out of a mound of debt. the city is detroit, which it was ruled the city can stay in bankruptcy court while it comes up with a plan for the $18 billion it owes to lenders. to give you an idea of just how bad things have gotten, unemployment has nearly tripled since the year 2000. 40% of the streetlights are [ male announcer ] this is george.

the day building a play set begins with a surprisewinge of back pain... and a choice. take up to 4 advil in a day or 2 aleve for all day relief. [ male announcer ] that's handy. ♪ [ male announcer ] campbell's homestyle soup with farm grown veggies. just like yours. huh. [ male announcer ] and roasted white meat chicken. just like yours. [ male announcer ] you'll think it's homemade. i love this show. [ male announcer ] try campbell's homestyle soup.

[ male announcer ] you'll think it's homemade. i love this show. when you do what io, iyou think about risk.. i don't like the ups and downs of the market, but i can't just sit on my cash. i want to be prepared for the long haul. ishares minimum votility etfs. investments designed for a smoother ride. find out why 9 out of 10 large professional investors choose ishares for their etfs. ishares by blackrock. call 1-800-ishares for a prospectus, which includes

investment objectives, risks, charges and expenses. read and consider it carefully before investing. risk includes possible loss of principal. >> 15 minutes before the hour. scientists say chim pan -- chimpanzees are our closest cousin. now an animal rights group claims they deserve human rights. the group filed a lawsuit in new york, demanding the court recognize legal rights for four captive chimps here in new york and send them to sanctuaries. the lawsuit points out the united states does not only give rights to human beings, corporations are legally people, too. the owner of one chimp named in the suit says his pet is doing fine, in a big cage, with tons of toys. he says he refused -- he rescued that chimp after decades in horrible conditions. as for the lawsuit, the owner says people ought to use common

sense and, in effect, give chimps human rights. >> you already know that men and women's brains are wired differently. but scientists now have pictures to prove it. take a look at this. researchers at the university of pennsylvania took images of nearly a thousand young adult brains. on the top of the screen is a man's brain. the nerve connections go from the front of the brain to the back of the brain. whereas in the female brain, on the bottom of the screen, they run from side to side, noticeably different. researcher says that's explain behavioral differences, men's nerve connections give them a stronger link to the brain that controls action, and women connected to intuition. they prove what people already seem to know. it's nice to get some evidence of things that people always kind of seemed to be. >> all the stereotypes about men and women, people say it's ridiculous, but we have

scientific proof that men do things differently than women. >> member are good at action, women are good at think and planning and making decisions, yet men run the world, how stupid. >> ridiculous. >> from the looks of this the women taught be in charge of makings decisions and, you're the brains and you're the brawn, and we get the frontal lobe, the part of the brain with the executive functioning, so that's your planning, consequences, your short-term memory, all the good stuff. but on the other hand, men do have better skills at mathematics or economics or things they understand differently. so it's not that men are better. just they're hard-wired to understand something differently than. >> should we as society based on your study and the rest, take this to mean we ought to all know our places and ought to try to put life together in a different way or is that a bunch of baloney. >> this is very informative. should evolve the way signs

evolved, and this study is say our brains are different, meaning we're better at certain stuff so this could inform how to teach in school, things that -- politics, what you're talking about, women leading the world, a big supporter of that idea. >> it's not as if women have not led the world. look at margaret thatcher and many -- angela merkel. and look at our congress and our house, across washington. maybe we need to wise up. >> i itch you don't like a congressman, don't like them because of their policy and who i that are, not because of their gender. that's what this study says. >> is this going to make the changes. >> i hope so. this is something we have been working on for a long time but this is getting more specific. we knew the brains were different and now we know how and why and we can put them into categories. >> front to back for men.

>> yes. >> and side to side for women. >> right. men think better spatially. >> better architects, better builders, better planners, better thinkers. >> that's true. >> with notable differences. we still didn't get the chimps right. >> chimps' brains are still animal brains. i'm saying, no, i don't think they're human. >> when one of them walks in the room and asks for a beer, i'll rethink it. >> if there's achievement that makes it to -- there's a chimp that makes it to congress before a woman does. >> fresh legal trouble for obamacare. business owners in federal court suing the healthcare law. how do you sue a law? we'll have an update. if you've got copd like me, hey breathing's hard. know the feeling? copd includes emphysema and chronic bronchitis. spiriva is a once-daily inhaled copd maintenance treatment that helps open my obstructed airways for a full 24 hours.

spiriva helps me breathe easier. spiriva handihaler tiotropium bromide inhalation powder does not replace fast-acting inhalers for sudden symptoms. tell your doctor if you have kidney problems, glaucoma, trouble urinating, or an enlarged prostate. these may worsen with spiriva. discuss all medicines you take, even eye drops. stop taking spiriva and seek immediate medical help if your breathing suddenly worsens, your throat or tongue swells, you get hives, vision changes or eye pain, or problems passing urine. other side effects include dry mouth and constipation. nothing can reverse copd. spiriva helps me breathe better. does breathing with copd weigh you down? don't wait to ask your doctor about spiriva. more shopping. more dining out. more traveling.

and along with it, more identity theft. every time you pull out your credit card, shop online, or hit the road, you give thieves a chance to ruin your holiday. you can't be on the lookout 24/7. but lifelock can. protecting your identity, your bank accounts, even the equity in your home. when lifelock detects a threat to your identity within their network, they'll alert you by text, phone, or e-mail, protecting you before the damage can be done. act now and we'll protect you 60 days risk free. no one protects you better than lifelock. try lifelock protection 60 days risk free and get a special holiday gift -- a document shredder. a $29 value free. ♪ ♪

>> another legal challenge to the president's healthcare overhaul. a group of small business owners accusing the irs of going too far in enforcing the law. the feds claim the business owners are misleading or -- i should say publish misreading the law. let's get to shannon who is live in washington. what happened the court. >> still going on but so far both sides got a chance to make their case. the plaintiff says the text of the healthcare law limits subsidies for people buying insurance for people in states with their own exchanges. they're saying the irs is extending the subsidies to every state even where the government is running the change. where subsidies are awarded that triggers the employer mandate. here's the plaintiff's attorney. >> in our view, the statute is very plain on its face. there's a distinction between federal exchanges and state exchanges, and the irs, which is supposed to implement the law, not actually rewrite it, is doing exactly the opposite.

>> the government says not so fast. the law was meant to operate on the assumption that the federal government essentially stands in the place of the state exchanges where states have chosen not to create their own. so the irs regulation extended to all those sub di -- subsidies and the employer mandate. this came up in a house hearing today on an issue of presidential power and how far is too far when the executive branch acts without involving congress. lawmakers debated whether or not the president has the power to change things, like immigration policy or the healthcare law, ewan -- unilaterally. >> the rise of an uber-presidency, there could be no greater danger for individual liberties, and i really think that the framers would be here guyed by -- horrified by the shift. >> other experts say presidents of both parties have acted unilaterally and the current grit gridlock on capitol hill is

making it more likely that president obama will do the same. >> thank you very much. >> batkid has company. a town in georgia flew in a new police officer who is five years old. and you'll meet him next. y)p)

>> there's a thousands reward up for grabs if you can crack the case of the missing whiskey. authorities say somebody in october sole dozens of cases of high priced bourbon and require from a distillery in kentucky. the stock cost $26,000. detectives say they interviewed more than 100 people to try to find it but so far there's no luck. a five-year-old boy who says he wants to stop the bad guys, just got his wish. but it wasn't the batkid this time. it was to become a cop. [applause] >> the boy's name is morgan stewart. he has a spinal connection that makes it hard for him to breath

and get around. last night the police chief and the mayor of covington, georgia, gave morgan a uniform and a key to the city. he is to lead the town's christmas parade as an honorary police officer, and morgan is already practicing in case he is called to duty. >> have a right to remain silent. >> the police chief organized the ceremony after reading about the boy on facebook. the chief calls it the highlight of his career. >> and on this day in 1967, doctors in south africa performed the world's first human heart transplant, dr. christian barnard what the surgeon. he used a technique that researchers tried a decade earlier on a dog in california. the first human transplant went well but the patient died weeks later of pneumonia. since then, scientists have come up with better drugs to fight organ rejection, but surgeons

first performed a revolutionary procedure 46 years ago today. >> the dow took a hit today. but on very light volume. when news breaks out we'll break in. i'm shepard smith. see you then. >> the people of detroit, what do we want? >> justice. >> when do we want it? >> now. >> what do we want. >> justice. >> the nation's largest municipal bankruptcy is on and unions are sounding off. welcome everybody, i'm neil cavuto, and, wow, $18 billion in debt and now detroit is getting the green light to dig itself out, but with a bankruptcy plan that has unions digging in. the judge saying that the motor city deserves a fresh start and we are all over that start. and whether it will ever stop. in detroit on what happens now. dave, who says bring on the bankruptcies now, and charles payne on if the unions lose, taxpayers stand to win big now.